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The New Child Custody Standard in Las Vegas

As of October 1, 2015 there has been a major change in Nevada child custody cases. The new law creates a strong preference for Joint Physical Custody in divorce, post-divorce and paternity cases. It also changes move motions and a lot of other aspects of family law. Here is the new law:
A.B. 263

ASSEMBLY BILL No. 263-ASSEMBLYMEN STEWART; MUNFORD, SILBERKRAUS AND WOODBURY

MARCH 11,2015

Referred to Committee on Judiciary

SUMMARY-Revises provisions governing the custody and support of children. (BDR 11-199)

FISCAL NOTE:. Effect on Local Government: No.
Effect on the State: No.

EXPLANATION-Matter in bolded iU!lics is new; matter between brackets {&mi1ited-mt1tei’iai}is material to be omitted.

AN ACT relating to domestic relations; repealing certain provisions relating to the custody of children and enacting certain similar provisions relating to the custody of children; prohibiting a parent with primary or joint physical custody of a child from relocating with the child outside this State or to certain locations within this State without the written consent of the noncustodial parent or the permission of the court as the circumstances require; authorizing a non-relocating parent to recover reasonable attorney’s fees and costs in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:
1 Existing law sets forth provisions concerning the custody of children as it
2 relates to the dissolution of marriage. (NRS 125.450-125.520) Section 19 of this
3 . bill repeals almost all of these provisions. Sections 3-12 of this bill add such
4 repealed provisions, with certain revisions, to chapter 125C of NRS, which
5 concerns custody and visitation of children generally. The addition of such
6 provisions to chapter 125C of NRS expands their applicability to the custody of all
7 children regardless of whether they were born to parents who were married or
8 unmarried.
9 Section 4 provides that absent a determination by a court regarding the custody
10 of a child, each parent has joint legal custody and joint physical custody of the child
11 until otherwise ordered by a court. Sections 5 and 6 provide that if parents cohabit
12 together with their child for a period of 1 year or more before the filing of an action
13 for legal or physical custody, such cohabitation creates a presumption that joint
14 legal and physical custody, respectively, is in the best interest of the child.
15 Section 7 authorizes a court to award primary physical custody to a parent if the
16 court determines that joint physical custody is not in the best interest of a child, and
17 sets forth circumstances in which an award of joint physical custody is presumed
18 not to be in the best interest of a child. Section 7 also sets forth the circumstances
19 in which a court may award primary physical custody to a mother or father of a
20 child born out of wedlock.
21 Existing law requires a parent with primary physical custody of a child who
22 intends to move outside this State with the child to: (1) obtain the written consent of
23 the noncustodial parent; or (2) if the noncustodial parent refuses to give such
24 consent, petition the court for permission to move with the child. (NRS 125C.200)
25 Section 16 of this bill additionally requires a parent with primary physical custody
26 of a child to take such actions if the parent intends to relocate to a place within this
27 State that is more than 100 miles from the place of his or her residence at the time
28 the existing custody arrangement was established. Section 13 of this bill requires a
29 parent who has joint physical custody of a child and wants to make such a
30 relocation within this State or relocate outside this State to petition the court for
31 primary physical custody of the child for the purpose of relocating.
32 Section 14 of this bill requires a parent who files a petition for permission to
33 relocate with a child to demonstrate to the court certain reasons and benefits
34 relating to the relocation. Section 14 also requires the court to consider certain
35 factors in determining whether to allow a parent to relocate with a child. Under
36 section 18 of this bili, a parent who relocates with a child without the written
37 consent of the noncustodial parent or the permission of the court or before the court
38 enters an order granting the parent primary physical custody of the child and
39 permission to relocate with the child, as applicable, is guilty of a category D felony
40 unless the parent: (1) demonstrates a compelling excuse for the relocation; or (2)
41 relocated to protect the child or the parent from danger. Additionally, section 15 of
42 this bill provides that if a parent relocates with a child in violation of section 18: (1)
43 the court cannot consider any post-relocation facts or circumstances regarding the
44 welfare of the child or the relocating parent in making any determination; and (2)
45 the non-relocating parent can recover reasonable attorney’s fees and costs incurred
46 as a result of the relocating parent’s violation.

Child Custody Case in Nevada

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1 Section 1. NRS 125.040 is hereby amended to read as follows:
2 125.040 1. In any suit for divorce the court may, in its
3 discretion, upon application by either party and notice to the other
4 party, require either party to pay moneys necessary to assist the
5 other party in accomplishing one or more of the following:
6 (a) To provide temporary maintenance for the other party;
7 (b) To provide temporary support for children of the parties; or
8 (c) To enable the other party to carry on or defend such suit.
9 2. The court may make any order affecting property of the
10 parties, or either of them, which it may deem necessary or desirable
11 to accomplish the purposes of this section. Such orders shall be
12 made by the court only after taking into consideration the financial
13 situation of each of the parties.
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1 3. The court may make orders pursuant to this section
2 concurrently with orders pursuant to fNRS 125.470.] section 12 of
3 this act.
4 Sec. 2. Chapter 125C of NRS is hereby amended by adding
5 thereto the provisions set forth as sections 3 to 15, inclusive, of this
6 act.

7 Sec. 3.
8 State:

The Legislature declares that it is the policy of this

9 1. To ensure that minor children have frequent associations
10 and a continuing relationship with both parents after the parents
11 have ended their relationship, become separated or dissolved their
12 marriage;
13 2. To encourage such parents to share the rights and
14 responsibilities of child rearing; and
15 3. To establish that such parents have an equivalent duty to
16 provide their minor children with necessary maintenance, health
17 care, education and financial support. As used in this subsection,
18 ”equivalent” must not be construed to mean that both parents are
19 responsible for providing the same amount of financial support to
20 their children.
21 Sec. 4. 1. The parent and child relationship extends equally
22 to every child and to every parent, regardless of the marital status
23 of the parents.
24 2. If a court has not made a determination regarding the
25 custody of a child, each parent has joint legal custody and joint
26 physical custody of the child until otherwise ordered by a court of
27 competent jurisdiction.
28 Sec. 5. 1. When a court is making a determination
29 regarding the legal custody of a child, there is a presumption,
30 affecting the burden of proof, that joint legal custody would be in
31 the best interest of a minor child if the parents:
32 (a) Have agreed to an award of joint legal custody or so agree
33 in open court at a hearing for the purpose of determining the legal
34 custody of the minor child; or
35 (b) Cohabited together with the minor child for a period of 1
36 year or more before the filing of an action for legal custody.
37 2. The court may award joint legal custody without awarding
38 joint physical custody.
39 Sec. 6. 1. When a court is making a determination
40 regarding the physical custody of a child, there is a preference that
41 joint physical custody would be in the best interest of a minor child
42 if the parents:
43 (a) Have agreed to an award of joint physical custody or so
44 agree in open court at a hearing for the purpose of determining
45 the physical custody of the minor child; or

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1 (b) Cohabited together with the minor child for a period of 1
2 year or more before the filing of an action for physical custody.
3 2. For assistance in determining whether an award of joint
4 physical custody is appropriate, the court may direct that an
5 investigation be conducted.
6 Sec. 7. 1. A court may award primary physical custody to a
7 parent if the court determines that joint physical custody is not in
8 the best interest of a child. An award of joint physical custody is
9 presumed not to be in the best interest of the child if:
10 (a) The court determines by substantial evidence that a parent
11 is unable to adequately care for a minor child for at least 146 days
12 of the year; or
13 (b) A child is born out of wedlock and the provisions of
14 subsection 2 are applicable.
15 2. A court may award primary physical custody of a child
16 born out of wedlock to:
17 (a) The mother of the child if:
18 (1) The mother has not married the father ofthe child;
19 (2) A judgment or order of a court, or a judgment or order
20 entered pursuant to an expedited process, determining the
21 paternity of the child has not been entered; and
22 (3) The father of the child:
23 (I) Is not subject to any presumption of paternity under
24 NRS 126.051;
25 (II) Has never acknowledged paternity pursuant to NRS
26 126.053; or
27 (Ill) Has had actual knowledge of his paternity but has
28 abandoned the child.
29 (b) The father of the child if:
30 (1) The mother has abandoned the child; and
31 (2) The father has provided sole care and custody of the
32 child in her absence.
33 3. As used in this section:
34 (a) “Abandoned” means that a mother or father has:
35 (1) Failed, for a continuous period of not less than 6
36 months, to provide substantial personal and economic support to
37 the child; or
38 (2) Knowingly declined, for a continuous period of not less
39 than 6 months, to have any meaningful relationship with the child.
40 (b) “Expedited process” has the meaning ascribed to it in
41 NRS 126.161.
42 Sec. 8. 1. In any action for determining physical custody of
43 a minor child, the sole consideration of the court is the best
44 interest of the child. If it appears to the court that joint physical

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1 custody would be in the best interest of the child, the court may
2 grant physical custody to the parties jointly.
3 2. Preference must not be given to either parent for the sole
4 reason that the parent is the mother or the father of the child.
5 3. The court shall award physical custody in the following
6 order of preference unless in a particular case the best interest of
7 the child requires otherwise:
8 (a) To both parents jointly pursuant to section 6 of this act or
9 to either parent pursuant to section 7 of this act. If the court does
10 not enter an order awarding joint physical custody of a child after
11 either parent has applied for joint physical custody, the court shall
12 state in its decision the reason for its denial of the parent’s
13 application.
14 (b) To a person or persons in whose home the child has been
15 living and where the child has had a wholesome and stable
16 environment.
17 (c) To any person related within the fifth degree of
18 consanguinity to the child whom the court finds suitable and able
19 to provide proper care and guidance for the child, regardless of
20 whether the relative resides within this State.
21 (d) To any other person or persons whom the court finds
22 suitable and able to provide proper care and guidance for the
23 child.
24 4. In determining the best interest of the child, the court shall
25 consider and set forth its specific findings concerning, among
26 other things:
27 (a) The wishes of the child ifthe child is of sufficient age and
28 capacity to form an intelligent preference as to his or her physical
29 custody.
30 (b) Any nomination by a parent or a guardian for the child.
31 (c) Which parent is more likely to allow the child to have
32 frequent associations and a continuing relationship with the
33 noncustodial parent.
34 (d) The level of conflict between the parents.
35 (e) The ability of the parents to cooperate to meet the needs of
36 the child.
37 (f) The mental and physical health of the parents.
38 (g) The physical, developmental and emotional needs of the
39 child.
40 (h) The nature of the relationship of the child with each
41 parent.
42 (i) The ability of the child to maintain a relationship with any
43 sibling.
44 (j) Any history of parental abuse or neglect of the child or a
45 sibling of the child.

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1 (k) Whether either parent or any other person seeking physical
2 custody has engaged in an act of domestic violence against the
3 child, a parent of the child or any other person residing with the
4 child.
5 (l) Whether either parent or any other person seeking physical
6 custody has committed any act of abduction against the child or
7 any other child.
8 5. Except as otherwise provided in subsection 6 or NRS
9 NRS 125C.210, a determination by the court after an evidentiary
10 hearing and finding by clear and convincing evidence that either
11 parent or any other person seeking physical custody has engaged
12 in one or more acts of domestic violence against the child, a
13 parent of the child or any other person residing with the child
14 creates a rebuttable presumption that sole or joint physical custody
15 of the child by the perpetrator of the domestic violence is not in the
16 best interest of the child. Upon making such a determination, the
17 court shall set forth:
18 (a) Findings of fact that support the determination that one or
19 more acts of domestic violence occurred; and
20 (b) Findings that the custody or visitation arrangement
21 ordered by the court adequately protects the child and the parent
22 or other victim of domestic violence who resided with the child.
23 6. If after an evidentiary hearing held pursuant to subsection
24 5 the court determines that each party has engaged in acts of
25 domestic violence, it shall, if possible, then determine which
26 person was the primary physical aggressor. In determining which
27 party was the primary physical aggressor for the purposes of this
28 section, the court shall consider:
29 (a) All prior acts of domestic violence involving either party;
30 (b) The relative severity of the injurfes, if any, inflicted upon
31 the persons involved in those prior acts of domestic violence;
32 (c) The likelihood of future injury;
33 (d) Whether, during the prior acts, one of the parties acted in
34 self-defense; and
35 (e) Any other factors which the court deems relevant to the
36 determination.
37 ..,. In such a case, if it is not possible for the court to determine
38 which party is the primary physical aggressor, the presumption
39 created pursuant to subsection 5 applies to both parties. If it is
40 possible for the court to determine which party is the primary
41 physical aggressor, the presumption created pursuant to
42 subsection 5 applies only to the party determined by the court to be
43 the primary physical aggressor.
44 7. A determination by the court after an evidentiary hearing
45 and finding by clear and convincing evidence that either parent or
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1 any other person seeking physical custody has committed any act
2 of abduction against the child or any other child creates a
3 rebuttable presumption that sole or joint physical custody or
4 unsupervised visitation of the child by the perpetrator of the
5 abduction is not in the best interest of the child. If the parent or
6 other person seeking physical custody does not rebut the
7 presumption, the court shall not enter an order for sole or joint
8 physical custody or unsupervised visitation of the child by the
9 perpetrator and the court shall set forth:
10 (a) Findings of fact that support the determination that one or
11 more acts of abduction occurred; and
12 (b) Findings that the custody or visitation arrangement
13 ordered by the court adequately protects the child and the parent
14 or other person from whom the child was abducted.
15 8. For the purposes of subsection 7, any of the following acts
16 constitute conclusive evidence that an act of abduction occurred:
17 (a) A conviction of the defendant of any violation of NRS
18 200.310 to 200.340, inclusive, or 200.359 or a law of any other
19 jurisdiction that prohibits the same or similar conduct;
20 (b) A plea of guilty or nolo contendere by the defendant to any
21 violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a
22 law of any other jurisdiction that prohibits the same or similar
23 conduct; or
24 (c) An admission by the defendant to the court of the facts
25 contained in the charging document alleging a violation of NRS
26 200.310 to 200.340, inclusive, or 200.359 or a law of any other
27 jurisdiction that prohibits the same or similar conduct.
28 9. If, after a court enters a final order· concerning physical
29 custody of the child, a magistrate determines there is probable
30 cause to believe that an act of abduction has been committed
31 against the child or any other child and that a person who has
32 been awarded sole or joint physical custody or unsupervised
33 visitation of the child has committed the act, the court shall, upon
34 a motion to modify the order concerning physical custody,
35 reconsider the previous order concerning physical custody
36 pursuant to subsections 7 and 8.
37 10. As used in this section:
38 (a) “Abduction” means the commission of an act described in
39 NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any
40 other jurisdiction that prohibits the same or similar conduct.
41 (b) “Domestic violence” means the commission of any act
42 described in NRS 33.018.
43 Sec. 9. 1. Before the court makes an order awarding
44 custody to any person other than a parent, without the consent of
45 the parents, it shall make a finding that an award of custody to a

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1 parent would be detrimental to the child and the award to a
2 nonparent is required to serve the best interest of the child.
3 2. No allegation that parental custody would be detrimental to
4 the child, other than a statement of that ultimate fact, may appear
5 in the pleadings.
6 3. The court may exclude the public from any hearing on this
7 issue.
8 Sec. 10. 1. In any action for determining the custody of a
9 minor child, the court may, except as otherwise provided in this
10 section and NRS 125C.0601 to 125C.0693, inclusive, and chapter
11 130ofNRS:
12 (a) During the pendency of the action, at the final hearing or
13 at any time thereafter during the minority of the child, make such
14 an order for the custody, care, education, maintenance and
15 support of the minor child as appears in his or her best interest;
16 and
17 (b) At any time modify or vacate its order, even if custody was
18 determined pursuant to an action for divorce and the divorce was
19 obtained by default without an appearance in the action by one of
20 the parties.
21 “”” The party seeking such an order shall submit to the jurisdiction
22 of the court for the purposes of this subsection. The court may
23 make such an order upon the application of one of the parties or
24 the legal guardian of the minor.
25 2. Any order for joint custody may be modified or terminated
26 by the court upon the petition of one or both parents or on the
27 court’s own motion if it is shown that the best interest of the child
28 requires the modification or termination. The court shall state in
29 its decision the reasons for the order of modification or
30 termination if either parent opposes it.
31 3. Any order for custody of a minor child entered by a court
32 of another state may, subject to the provisions of NRS 125C.0601
33 to 125C.0693, inclusive, and to the jurisdictional requirements in
34 chapter 125A of NRS, be modified at any time to an order of joint
35 custody.
36 4. A party may proceed pursuant to this section without
37 counsel.
38 5. Any order awarding a party a limited right of custody to a
39 child must define that right with sufficient particularity to ensure
40 that the rights of the parties can be properly enforced and that the
41 best interest of the child is achieved. The order must include all
42 specific times and other terms of the limited right of custody. As
43 used in this subsection, “sufficient particularity” means a
44 statement of the rights in absolute terms and not by the use of the

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1 term “reasonable” or other similar term which is susceptible to
2 different interpretations by the parties.
3 6. All orders authorized by this section must be made in
4 accordance with the provisions of chapter 125A of NRS and NRS
5 125C.0601 to 125C.0693, inclusive, and must contain the
6 following language:
7
8 PENALTY FOR VIOLATION OF ORDER: THE
9 ABDUCTION, CONCEALMENT OR DETENTION OF A
10 CHILD IN VIOLATION OF THIS ORDER IS
11 PUNISHABLE AS A CATEGORY D FELONY AS
12 PROVIDED IN NRS 193.130. NRS 200.359 provides that
13 every person having a limited right of custody to a child or
14 any parent having no right of custody to the child who
15 willfully detains, conceals or removes the child from a
16 parent, guardian or other person having lawful custody or a
17 right of visitation of the child in violation of an order of this
18 court, or removes the child from the jurisdiction of the court
19 without the consent of either the court or all persons who
20 have the right to custody or visitation is subject to being
21 punished for a category D felony as provided in
22 NRS 193.130.
23
24 7. In addition to the language required pursuant to
25 subsection 6, all orders authorized by this section must specifY that
26 the terms of the Hague Convention of October 25, 1980, adopted
27 by the 14th Session of the Hague Conference on Private
28 Internationai Law, appiy if a parent abducts or wrongfully retains
29 a child in a foreign country.
30 8. If a parent of the child lives in a foreign country or has
31 significant commitments in a foreign country:
32 (a) The parties may agree, and the court shall include in the
33 order for custody of the child, that the United States is the country
34 of habitual residence of the child for the purposes of applying the
35 terms ofthe Hague Convention as set forth in subsection 7.
36 (b) Upon motion of one of the parties, the court may order the
37 parent to post a bond if the court determines that the parent poses
38 an imminent risk of wrongfully removing or concealing the child
39 outside the country of habitual residence. The bond must be in an
40 amount determined by the court and may be used only to pay for
41 the cost of locating the child and returning the child to his or her
42 habitual residence if the child is wrongfully removed from or
43 concealed outside the country of habitual residence. The fact that
44 a parent has significant commitments in a foreign country does
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1 not create a presumption that the parent poses an imminent risk of
2 wrongfully removing or concealing the child.
3 9. Except where a contract providing otherwise has been
4 executed pursuant to NRS 123.080, the obligation for care,
5 education, maintenance and support of any minor child created by
6 any order entered pursuant to this section ceases:
7 (a) Upon the death of the person to whom the order was
8 directed; or
9 (b) When the child reaches 18 years of age if the child is no
10 longer enrolled in high school, otherwise, when the child reaches
11 19 years of age.
12 10. As used in this section, a parent has “significant
13 commitments in a foreign country” if the parent:
14 (a) Is a citizen of a foreign country;
15 (b) Possesses a passport in his or her name from a foreign
16 country;
17 (c) Became a citizen of the United States after marrying the
18 other parent of the child; or
19 (d) Frequently travels to a foreign country.
20 Sec. 11. 1. The court may, when appropriate, require the
21 parents to submit to the court a plan for carrying out the court’s
22 order concerning custody.
23 2. Access to records and other information pertaining to a
24 minor child, including, without limitation, medical, dental and
25 school records, must not be denied to a parent for the reason that
26 the parent is not the child’s custodial parent.
27 Sec. 12. 1. If, during any action for determining the
28 custody of a minor child, either before or after the entry of a final
29 order concerning the custody of a minor child, it appears to the
30 court that any minor child of either party has been, or is likely to
31 be, taken or removed out of this State or concealed within this
32 State, the court shall forthwith order such child to be produced
33 before it and make such disposition of the child’s custody as
34 appears most advantageous to and in the best interest of the child
35 and most likely to secure to him or her the benefit of the final
36 order or the modification or termination of the final order to be
37 made in his or her behalf.
38 2. If, during any action for determining the custody of a
39 minor child, either before or after the entry of a final order
40 concerning the custody of a minor child, the court finds that it
41 would be in the best interest of the minor child, the court may
42 enter an order providing that a party may, with the assistance of
43 the appropriate law enforcement agency, obtain physical custody
44 of the child from the party having physical custody of the child.
45 The order must provide that if the party obtains physical custody

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1 of the child, the child must be produced before the court as soon
2 as practicable to allow the court to make such disposition of the
3 child’s custody as appears most advantageous to and in the best
4 interest of the child and most likely to secure to him or her the
5 benefit of the final order or the modification or termination of the
6 final order to be made in his or her behalf.
7 3. If the court enters an order pursuant to subsection 2
8 providing that a party may obtain physical custody of a child, the
9 court shall order that party to give the party having physical
10 custody of the child notice at least 24 hours before the time at
11 which he or she intends to obtain physical custody of the child,
12 unless the court deems that requiring the notice would likely
13 defeat the purpose of the order.
14 4. All orders for a party to appear with a child issued
15 pursuant to this section may be enforced by issuing a warrant of
16 arrest against that party to secure his or her appearance with the
17 child.
18 5. A proceeding under this section must be given priority on
19 the court calendar.
20 Sec. 13. 1. If joint physical custody has been established
21 pursuant to an order, judgment or decree of a court or section 4 of
22 this act or by operation of law and one parent intends to relocate
23 his or her residence to a place outside of this State or to a place
24 within this State that is more than 100 miles from the place of his
25 or her residence at the time the existing custody arrangement was
26 established, and desires to take the child with him or her, the
27 relocating parent shall petition the court for primary physical
28 custody for the purpose of relocating.
29 2. A parent who relocates with a child pursuant to this section
30 before the court enters an order granting the parent primary
31 physical custody of the child and permission to relocate with the
32 child is subject to the provisions of NRS 200.359.
33 Sec. 14. 1. In every instance of a petition for permission to
34 relocate with a child that is filed pursuant to NRS 125C.200 or
35 section 13 of this act, the relocating parent must demonstrate to
36 the court that:
37 (a) There exists a sensible, good-faith reason for the move, and
38 the move is not intended to deprive the non-relocating parent of
39 his or her parenting time;
40 (b) The best interests of the child are substantially better
41 served by allowing the relocating parent to relocate;
42 (c) The child and the relocating parent will benefit from an
43 actual advantage that currently exists or is certain to exist before
44 the time of the relocation; and

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1 (d) If the parents currently share joint custody of the child, the
2 child will do substantially better in the new location than the child
3 would if he or she remained in this State with the non-relocating
4 parent.
5 2. If a relocating parent demonstrates to the court the
6 provisions set forth in subsection 1, the court must then weigh
7 the following factors and the impact of each on the child, the
8 relocating parent and the non-relocating parent, including,
9 without limitation, the extent to which the compelling interests of
10 the child, the relocating parent and the non-relocating parent are
11 accommodated:
12 (a) The extent to which the relocation is likely to improve the
13 quality of life for the child and the relocating parent;
14 (b) Whether the motives of the relocating parent are honorable
15 and not designed to frustrate or defeat any visitation rights
16 accorded to the non-relocating parent;
17 (c) Whether the relocating parent will comply with any
18 substitute visitation orders issued by the court if permission to
19 relocate is granted;
20 (d) Whether the motives of the non-relocating parent are
21 honorable in resisting the petition for permission to relocate or to
22 what extent any opposition to the petition for permission to
23 relocate is intended to secure a financial advantage in the form of
24 ongoing support obligations or otherwise;
25 (e) Whether there will be a realistic opportunity for the non-
26 relocating parent to maintain a visitation schedule that will
27 adequately foster and preserve the parental relationship between
28 the child and the non-relocating parent if permission to relocate is
29 granted; and
30 (f) Any other factor necessary to assist the court in
31 determining whether to grant permission to relocate.
32 3. A parent who desires to relocate with a child pursuant to
33 NRS 125C.200 or section 13 of this act has the burden of proving
34 that relocating with the child is in the best interest of the child.
35 Sec. 15. If a parent with primary physical custody or joint
36 physical custody relocates with a child in violation of
37 NRS 200.359:
38 1. The court shall not consider any post-relocation facts or
39 circumstances regarding the welfare of the child or the relocating
40 parent in making any determination.
41 2. If the non-relocating parent files an action in response to
42 the violation, the non-relocating parent is entitled to recover
43 reasonable attorney’s fees and costs incurred as a result of the
44 violation.

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1 Sec. 16. NRS 125C.200 is hereby amended to read as follows:
2 125C.200 1. If primary physical custody has been
3 established pursuant to an order, judgment or decree of a court
4 and the custodial parent intends to [move] relocate his or her
5 residence to a place outside of this State or to a place within this
6 State that is more than 100 miles from the place of his or her
7 residence at the time the existing custody arrangement was
8 established, and the custodial parent desires to take the child with
9 him or her, the custodial parent [must, as soon as possible and
10 before the planned move, attempt] shall:
11 (a) Attempt to obtain the written consent of the noncustodial
12 parent to [move] relocate with the child [from this State. If]; and
13 (b) If the noncustodial parent refuses to give that consent, {the
14 custodial parent shall, before leaving this State with the child,]
15 petition the court for permission to [move] relocate with the child.
16 [The failure of a parent to comply with the provisions of this section
17 may be considered as a factor if a change of custody is requested by
18 the noncustodial parent.]
19 2. A parent who relocates with a child pursuant to this section
20 without the written consent of the noncustodial parent or the
21 permission of the court is subject to the provisions of
22 NRS 200.359.
23 Sec. 17. NRS 146.010 is hereby amended to read as follows:
24 146.010 Except as otherwise provided in this chapter or in
25 [NRS 125.510,] section 10 of this act, if a person dies leaving a
26 surviving spouse or a minor child or minor children, the surviving
27 spouse, minor child or minor children are entitled to remain in
28 possession of the homestead and of all the wearing apparel and
29 provisions in the possession of the family, and all the household
30 furniture, and are also entitled to a reasonable provision for their
31 support, to be allowed by the court.
32 Sec. 18. NRS 200.359 is hereby amended to read as follows:
33 200.359 1. A person having a limited right of custody to a
34 child by operation of law or pursuant to an order, judgment or
35 decree of any court, including a judgment or decree which grants
36 another person rights to custody or visitation of the child, or any
37 parent having no right of custody to the child, who:
38 (a) In violation of an order, judgment or decree of any court
39 willfully detains, conceals or removes the child from a parent,
40 guardian or other person having lawful custody or a right of
41 visitation of the child; or
42 (b) In the case of an order, judgment or decree of any court that
43 does not specify when the right to physical custody or visitation is to
44 be exercised, removes the child from the jurisdiction of the court

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1 without the consent of either the court or all persons who have the
2 right to custody or visitation,
3 is guilty of a category D felony and shall be punished as provided
4 in NRS 193.130.
5 2. A parent who has joint legal custody of a child pursuant to
6 [NRS 125.465] section 4 of this act shall not willfully conceal or
7 remove the child from the custody of the other parent with the
8 specific intent to deprive the other parent of the parent and child
9 relationship. A person who violates this subsection shall be
10 punished as provided in subsection 1.
11 3. If the mother of a child has primary physical custody
12 pursuant to subsection 2 of [NRS 126.031,] section 7 ofthis act, the
13 father of the child shall not willfully conceal or remove the child
14 from the physical custody of the mother. If the father of a child has
15 primary physical custody pursuant to subsection 2 of [NRS
16 126.031,] section 7 of this act, the mother of the child shall not
17 willfully conceal or remove the child from the physical custody of
18 the father. A person who violates this subsection shall be punished
19 as provided in subsection 1.
20 4. A parent who has joint physical custody of a child
21 pursuant to an order, judgment or decree of a court or section 4 of
22 this act shall not relocate with the child pursuant to section 13 of
23 this act before the court enters an order granting the parent
24 primary physical custody of the child and permission to relocate
25 with the child. A person who violates this subsection shall be
26 punished as provided in subsection 1.
27 5. A parent who has primary physical custody of a child
28 pursuant to an order, judgment or decree of a court shall not
29 relocate with the child pursuant to NRS 125C.200 without the
30 written consent of the non-relocating parent or the permission of
31 the court. A person who violates this subsection shall be punished
32 as provided in subsection 1.
33 6. Before an arrest warrant may be issued for a violation of this
34 section, the court must find that:
35 (a) This is the home state of the child, as defined in NRS
36 125A.085; and
37 (b) There is cause to believe that the entry of a court order in a
38 civil proceeding brought pursuant to chapter 125, 125A or 125C of
39 NRS will not be effective to enforce the rights of the parties and
40 would not be in the best interests of the child.
41 f5-;J 7. Upon conviction for a violation of this section, the court
42 shall order the defendant to pay restitution for any expenses incurred
43 in locating or recovering the child.

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1 f&.} 8. The prosecuting attorney may recommend to the judge
2 that the defendant be sentenced as for a misdemeanor and the judge
3 may impose such a sentence if the judge finds that:
4 (a) The defendant has no prior conviction for this offense and
5 the child has suffered no substantial harm as a result of the offense;
6 or
7 (b) The interests of justice require that the defendant be
8 punished as for a misdemeanor.
9 f+.t 9. A person who aids or abets any other person to violate
10 this section shall be punished as provided in subsection 1.
11 {&} I0. In addition to the exemption set forth in subsection
12 II, subsections 4 and 5 do not apply to a person who demonstrates
13 a compelling excuse, to the satisfaction of the court, for relocating
14 with a child in violation ofNRS I25C.200 or section I3 ofthis act.
15 II. This section does not apply to a person who detains,
16 conceals , leFt removes or relocates with a child to protect the child
17 from the imminent danger of abuse or neglect or to protect himself
18 or herself from imminent physical harm, and reported the detention,
19 concealment , leFt removal or relocation to a law enforcement
20 agency or an agency which provides child welfare services within
21 24 hours after detaining, concealing , {eft removing or relocating
22 with the child, or as soon as the circumstances allowed. As used in
23 this subsection:
24 (a) “Abuse or neglect” has the meaning ascribed to it in
25 paragraph (a) of subsection 4 ofNRS 200.508.
26 (b) “Agency which provides child welfare services” has the
27 meaning ascribed to it in NRS 432B.030.
28 Sec. 19. NRS 125.460, 125.465, 125.470, 125.480, 125.490,
29 125.500, 125.510, 125.520 and 126.031 are hereby repealed.

LEADLINES OF REPEALED SECTIONS

125.460 State policy.
125.465 Married parents have joint custody until otherwise ordered by court.
125.470 Order for production of child before court;
determinations concerning physical custody of child.
125.480 Best interests of child; preferences; presumptions when court determines parent or person seekint:; custody is perpetrator of domestic violence or has committed act of abduction against child or any other child.
125.490 Joint custody.
125.500 Award of custody to person other than parent.

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125.510 Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country.
125.520 Plan for carrying out court’s order; access to
child’s records.
126.031 Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock.
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